PUTTAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri Abhishek Srivastava, Arti Raje, Sushil Kumar Pandey, Gaurav Singh and Krishna Agarawal, learned counsels for the U.P. Power Corporation Ltd./ Associated Power Distribution Companies, namely Pashchimanchal Vidyut Vitaran Nigam Limited, Rampur, Dakashinanchal Vidyut Vitran Nigam Ltd. Jhansi etc. and Sri B.P. Singh Kachhawaha, learned standing counsel for the State-respondents.

(2.) Since number of writ petitions were coming up daily before this Court raising grievances of creation of fake bills/ demands or highly excessive demands by the respondents, therefore, this Court took up one writ petition each on 8th 9th and 10/2/2022 and called upon the respondents to respond to the contentions of the petitioners. Personal affidavit by the Additional Chief Secretary, Government of U.P. Lucknow has been filed mainly in Writ-C No.27495 of 2021. Brief facts of each writ petitions are being noted below.

(3.) Aggrieved with creation of fake and fictitious demand of Rs.29,60,202.00 by demand notice dtd. 27/7/2021 issued by the respondent No.2 which was subsequently raised to Rs.31,47,731.00 for the period from January, 2017 to November, 2021; the petitioner has filed the present writ petition for quashing of the demand notice. Copy of the ledger account filed by the respondent No.2 as Annexure CA-4 along with the aforesaid counter affidavit, revealed that the respondents debited monthly electricity dues in the account of the petitioner ranging from Rs.20,000.00 to Rs.6,15,472.00 per month. Considering the facts of the case, this Court passed detailed orders on 8/2/2022, 15/2/2022, 3/3/2022, 24/3/2022, 19/4/2022, 26/4/2022 and 5/5/2022. On 9/2/2022, the respondent No.2 stated before this Court that the demand of Rs.31,47,731.00 was wrongly created and it has been modified to Rs.2,45,952.00. In paragraphs-6, 7, 8 and 9 of the order dtd. 3/3/2022, this court observed as under: